Supreme court judges reject Reeves’ motor finance intervention – The Guardian

‘Rachel Reeves was dealt a fresh blow on Monday when her attempt to intervene in a high-profile supreme court case and curb a potential £44bn bill for lenders caught up in the car loan commissions scandal was rejected. Judges at the supreme court rejected the chancellor’s application, lodged last month, in which she urged them to avoid handing “windfall” compensation to borrowers harmed by allegedly secret commission payouts to car dealers that arranged the loans.’

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The Guardian, 17th February 2025

Source: www.theguardian.com

Prison system crisis due to overreliance on long sentences, says Gauke review – The Guardian

Posted February 18th, 2025 in criminal justice, imprisonment, news, prisons, reports, sentencing by tracey

‘Successive governments’ overreliance on prison sentences and desire to seem “tough on crime” have driven the justice system in England and Wales to the brink of collapse, an official review has found.’

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The Guardian, 18th February 2025

Source: www.theguardian.com

Freezing orders in England and Wales – OUT-LAW.com

Posted February 17th, 2025 in damages, debts, freezing injunctions, news by tracey

‘A freezing order is a court order which prevents a party from disposing of or dealing with its assets. It is therefore an essential tool for those looking to protect assets to ensure those assets are available to satisfy a court order.’

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OUT-LAW.com, 14th February 2025

Source: www.pinsentmasons.com

Bits of interest – Nearly Legal

‘A couple of brief notes on things of interest.’

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Nearly Legal, 16th February 2025

Source: nearlylegal.co.uk

Judicial Anonymity? Not this time. – UK Human Rights Blog

‘In Tickle & Anor v The BBC & Ors [2025] EWCA Civ 4, the Court of Appeal considered the High Court’s decision to anonymise the names of several judges who had made decisions in historic care proceedings and private family law proceedings (“the historic proceedings”).’

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UK Human Rights Blog, 17th February 2025

Source: ukhumanrightsblog.com

Subsidy control law and new statutory guidance – Local Government Lawyer

‘What do the changes to the statutory guidance on subsidy control mean for public authorities? Alexander Rose and Jonathan Branton explain.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Court rejects divorcing husband’s conflict claim against solicitors – Legal Futures

Posted February 17th, 2025 in conflict of interest, divorce, law firms, news by tracey

‘The Family Court has rejected a divorcing husband’s claim that his wife’s solicitors are conflicted out of acting for her because of past work they did for the couple.’

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Legal Futures, 17th February 2025

Source: www.legalfutures.co.uk

SLS Hale Lecture: The Future of Law Reform – Law Commission

Posted February 17th, 2025 in Law Commission, lectures, legal history, news by tracey

‘The Chair of the Law Commission, Sir Peter Fraser, delivered the SLS Hale Lecture 2024, which was organised by the Society of Legal Scholars and hosted by Swansea University’s School of Law.
The lecture was entitled ”The Future of Law Reform”.’

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Law Commission, 13th February 2025

Source: lawcom.gov.uk

Stamp Duty Land Tax and Divorce – Financial Remedies Journal

Posted February 17th, 2025 in divorce, matrimonial home, news, stamp duty by tracey

‘This is sometimes the forgotten tax on divorce. Maybe this is fair enough as there is a pretty clear exemption in tax law that states that stamp duty land tax (SDLT) will not apply to transfers pursuant to divorce. However, the last few years have seen the introduction of two SDLT surcharges and when these two combine it creates a top rate of SDLT of 19% – a sizeable liability which should not be forgotten when factoring in housing costs.’

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Financial Remedies Journal, 10th February 2025

Source: financialremediesjournal.com

Life ban for ex-football manager who hit linesman – BBC News

‘A former football manager has been fined and given a lifetime ban for punching a linesman during a match.’

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BBC news, 14th February 2025

Source: www.bbc.co.uk

Paolo Sandro: Soft, But for Whom? Law and the Creation of Accountability – UK Constitutional Law Association

Posted February 13th, 2025 in coronavirus, emergency powers, health, news, rule of law by sally

‘Five years on, and with a potential new pandemic on the horizon (if not already here), researchers from all disciplines have been very busy evaluating how the SARS-CoV-2 pandemic was managed by different governments around the world. In legal and political studies, for example, there is a growing body of literature which considers the encroachment on civil liberties effected by so-called “lockdown” policies and their overall impact on the rule of law.’

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UK Constitutional Law Association, 12th February 2025

Source: ukconstitutionallaw.org

Capacity, insight and professional cultures – an important new decision from the Court of Protection – Mental Capacity Law and Policy

Posted February 13th, 2025 in consent, Court of Protection, disabled persons, mental health, news by sally

‘CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear that the fact that a person appeared not to believe information that they were being told could not be used as a shortcut to reach the conclusion that they lacked capacity to make the relevant decision.’

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Mental Capacity Law and Policy, 13th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

MoJ apologises to woman subjected to racism in prison mother and baby unit – The Guardian

Posted February 13th, 2025 in children, Ministry of Justice, news, prisons, racism, women by sally

‘The Ministry of Justice has apologised to a black woman who suffered racist abuse in a prison’s mother and baby unit where her son was referred to as a “monkey”.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

Sam Kerr found not guilty of racially aggravated harassment of police officer – The Guardian

Posted February 12th, 2025 in harassment, news, police, racism by sally

Sam Kerr has been found not guilty of racially aggravated harassment after calling a police officer “fucking stupid and white” after he doubted her claims of being “held hostage” in a taxi.

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The Guardian, 11th February 2025

Source: www.theguardian.com

Unpaid carer wins overpayment penalty case against DWP – The Guardian

Posted February 12th, 2025 in benefits, carers, government departments, news, penalties, regulations by sally

‘Unpaid carer Andrea Tucker has won a legal victory against the Department for Work and Pensions, overturning its demand she repay £4,600 for alleged breaches in benefit rules.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

JAC explores adding disability to ‘equal merit’ tie-breaker – Legal Futures

Posted February 12th, 2025 in disabled persons, judiciary, news, recruitment by sally

‘The Judicial Appointments Commission (JAC) is actively exploring whether disability could be added to the ‘equal merit’ approach to the selection of judges, its vice-chair said this week.’

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Legal Futures, 12th February 2025

Source: www.legalfutures.co.uk

Key reforms in the Renters’ Rights Bill and their impact on tenants and landlords – Kingsley Napley Real Estate Law Blog

Posted February 12th, 2025 in bills, landlord & tenant, news, rent, repairs, repossession by sally

‘This Bill, which was originally introduced by the previous government as the Renters’ Reform Bill, seeks to level-up the perceived current imbalance between residential landlords and tenants by bestowing on tenants greater rights and security. But critics argue that the proposed reforms go too far in favour of tenants. So, what are the current key reforms affecting private residential tenancies?’

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Kingsley Napley Real Estate Law Blog, 11th February 2025

Source: www.kingsleynapley.co.uk

Provisions to treat unaccompanied asylum seekers as adults if they refuse scientific age assessments to be scrapped – Local Government Lawyer

‘Provisions that would see unaccompanied asylum seekers treated as adults if they refused a scientific age assessment without “reasonable grounds” are set to be scrapped by Government.’

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Local Government Lawyer, 11th February 2025

Source: www.localgovernmentlawyer.co.uk

Fifteen years on – The impact of Radmacher on UK prenups and divorces – Kingsley Napley Family Law Blog

Posted February 12th, 2025 in divorce, news, prenuptial agreements, Supreme Court by sally

‘It is now some fifteen years since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements. In doing so it moved the emphasis on to holding the parties to their bargain when setting out the principle that “the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”‘

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Kingsley Napley Family Law Blog, 5th February 2025

Source: www.kingsleynapley.co.uk

Judge’s sperm donor warning over man who ‘fathered 180 children’ – BBC News

‘A sperm donor who claims to have fathered more than 180 children has been used by a judge to warn of the dangers of unregulated sperm donation.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk